Submission to the Toronto Police Services Board’s Use of New Artificial Intelligence Technologies Policy - LEAF and The Citizen Lab

23 Pages Posted: 20 Dec 2021

See all articles by Kristen Thomasen

Kristen Thomasen

University of British Columbia (UBC), Faculty of Law

Suzie Dunn

University of Ottawa; Centre for Law, Technology and Society

Kate Robertson

affiliation not provided to SSRN

Pam Hrick

affiliation not provided to SSRN

Cynthia Khoo

affiliation not provided to SSRN

Rosel Kim

Women's Legal Education and Action Fund

Ngozi Okidegbe

Yeshiva University - Benjamin N. Cardozo School of Law

Christopher A. Parsons

University of Toronto, Munk School of Global Affairs, Citizen Lab

Date Written: December 15, 2021

Abstract

We write as a group of experts in the legal regulation of artificial intelligence (AI), technology-facilitated violence, equality, and the use of AI systems by law enforcement in Canada. We have experience working within academia and legal practice, and are affiliated with LEAF and the Citizen Lab who support this letter.

We reviewed the Toronto Police Services Board Use of New Artificial Intelligence Technologies Policy and provide comments and recommendations focused on the following key observations:

1. Police use of AI technologies must not be seen as inevitable
2. A commitment to protecting equality and human rights must be integrated more thoroughly throughout the TPSB policy and its AI analysis procedures
3. Inequality is embedded in AI as a system in ways that cannot be mitigated through a policy only dealing with use
4. Having more accurate AI systems does not mitigate inequality
5. The TPS must not engage in unnecessary or disproportionate mass collection and analysis of data
6. TPSB’s AI policy should provide concrete guidance on the proactive identification and classification of risk
7. TPSB’s AI policy must ensure expertise in independent vetting, risk analysis, and human rights impact analysis
8. The TPSB should be aware of assessment challenges that can arise when an AI system is developed by a private enterprise
9. The TPSB must apply the draft policy to all existing AI technologies that are used by, or presently accessible to, the Toronto Police Service

In light of these key observations, we have made 33 specific recommendations for amendments to the draft policy.

Keywords: artificial intelligence, police, algorithmic policing, substantive equality, privacy, human rights

Suggested Citation

Thomasen, Kristen and Dunn, Suzie and Robertson, Kate and Hrick, Pam and Khoo, Cynthia and Kim, Rosel and Okidegbe, Ngozi and Parsons, Christopher A., Submission to the Toronto Police Services Board’s Use of New Artificial Intelligence Technologies Policy - LEAF and The Citizen Lab (December 15, 2021). Available at SSRN: https://ssrn.com/abstract=3989271 or http://dx.doi.org/10.2139/ssrn.3989271

Kristen Thomasen (Contact Author)

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

Suzie Dunn

University of Ottawa ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Centre for Law, Technology and Society ( email )

57 Louis Pasteur
Ottawa, ON K1N 6N5
Canada

Kate Robertson

affiliation not provided to SSRN

Pam Hrick

affiliation not provided to SSRN

Cynthia Khoo

affiliation not provided to SSRN

Rosel Kim

Women's Legal Education and Action Fund ( email )

Canada

Ngozi Okidegbe

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

HOME PAGE: http://https://cardozo.yu.edu/directory/ngozi-okidegbe

Christopher A. Parsons

University of Toronto, Munk School of Global Affairs, Citizen Lab ( email )

Toronto, Ontario
Canada

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